Supreme Courts and Binding Precedents
A Brazilian Perspective
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Beschreibung
This book offers a profound and original contribution to comparative legal theory by examining the evolution, structure, and function of supreme courts and the role of binding precedents in Brazil. Written The work bridges civil law and common law traditions, providing a rigorous analytical framework for understanding how judicial authority and interpretative practices shape legal systems.
Divided into two main parts, the first explores the conceptual and institutional transformation from superior courts — focused on legality and jurisprudential control — to supreme courts, which aim to unify and interpret the law through precedent. The author contrasts reactive models of judicial review with proactive models of legal guidance, emphasizing the interpretative authority of courts like Brazil’s Supreme Federal Court and Superior Court of Justice.
The second part delves into the historical and dogmatic dimensions of binding precedents. It traces the philosophical and comparative roots of judicial interpretation, from the myth of judges as mere "mouthpieces of the law" to the recognition of courts as active constructors of legal meaning. Drawing on European and Anglo-American traditions, the book argues for a reconceptualization of precedent as a normative source, essential for legal certainty, equality, and institutional coherence.
Combining theoretical depth with practical relevance, this work is indispensable for scholars, judges, and legal practitioners interested in judicial reasoning, legal hermeneutics, and the modernization of procedural law. It offers a compelling vision of how courts can foster a more predictable and just legal order through the responsible use of precedents.
This book offers a profound and original contribution to comparative legal theory by examining the evolution, structure, and function of supreme courts and the role of binding precedents in Brazil. Written The work bridges civil law and common law traditions, providing a rigorous analytical framework for understanding how judicial authority and interpretative practices shape legal systems.
Divided into two main parts, the first explores the conceptual and institutional transformation from superior courts — focused on legality and jurisprudential control — to supreme courts, which aim to unify and interpret the law through precedent. The author contrasts reactive models of judicial review with proactive models of legal guidance, emphasizing the interpretative authority of courts like Brazil’s Supreme Federal Court and Superior Court of Justice.
The second part delves into the historical and dogmatic dimensions of binding precedents. It traces the philosophical and comparative roots of judicial interpretation, from the myth of judges as mere "mouthpieces of the law" to the recognition of courts as active constructors of legal meaning. Drawing on European and Anglo-American traditions, the book argues for a reconceptualization of precedent as a normative source, essential for legal certainty, equality, and institutional coherence.
Combining theoretical depth with practical relevance, this work is indispensable for scholars, judges, and legal practitioners interested in judicial reasoning, legal hermeneutics, and the modernization of procedural law. It offers a compelling vision of how courts can foster a more predictable and just legal order through the responsible use of precedents.
Explores the different models of courts of last resort Analyzes the principles of legal certainty, freedom, and equality in Civil Law and Common Law Investigates supreme courts and precedents in Civil Law
Autor*in
Daniel Mitidiero
Themen in »Supreme Courts and Binding Precedents«
Courts of Last Resort. Models. Principles of Legal Certainty, Freedom and Equality Historical, Comparative and Dogmatic Perspectives Precedent. Illustration. Persuasion. Binding Effects Precedent in Brazil